Terms of Service

Terms of Service
As of: 15.03.2018
Contract of use between the customer ("Customer", "You") and the ART-DOMINO® Gallery, (We). Please read the following terms and conditions (hereinafter "Terms and Conditions") before using the services provided by the ART-DOMINO® Gallery or ordering items from the ART-DOMINO® Gallery.

Agreement with the Terms and Conditions
The use of the website, the registration with an e-mail address (as a prospective customer or for the registration for the newsletter) and the use of services provided by the ART-DOMINO® Gallery are subject to the following terms and conditions

Operator, Applicable Law
Owner: Sabine Welz
Rudolstädter Strasse 127
10713 Berlin
E-Mail: [email protected]
In the following - named ART-DOMINO® Gallery.

The contract between the customer and the ART-DOMINO® Gallery is subject to German law regardless of the nationality of the customer. Jurisdiction for registered traders, for persons who have no general jurisdiction in Germany, as well as for persons who have moved after conclusion of the contract their domicile or habitual residence abroad or whose domicile or habitual residence at the time of bringing an action is unknown, is Berlin.

Cancellation and return policy
You have a right of withdrawal and right to return. You can cancel your contract within two weeks without giving reasons in writing (eg letter, fax, e-mail) or by returning the items. The period begins at the earliest on receipt of this instruction, but not before receipt of the first partial delivery. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient.
The revocation must be sent to: ART-DOMINO®, Rudolstädter Strasse 127, 10713 Berlin. Excluded from the right of revocation are those goods that are tailored to your personal needs, in particular to be manufactured on special request of the purchaser. Since pictures of the ART-DOMINO® Gallery are always custom-made, the return of these individually made pictures is excluded. The statutory warranty rights remain unaffected. Especially excluded from this are slight color deviations, which are due to the different screen and color representation on the computer monitor of the customer. In the case of an effective cancellation, the mutually received benefits must be returned. Can you give me the received performance in whole or in part, or only in a deteriorated condition, you have to pay compensation for the value. This does not apply to the provision of articles if the deterioration of the articles is solely due to their examination - as would have been possible in a shop, for example. In the case of a return from a delivery of goods whose total order value is up to 100 euros, you have to bear the costs of the return, if the delivered goods correspond to those ordered. Otherwise, the return is free for you. Non-parcels are picked up at your place.

Ordering Process
Our offers are always free, i. only as an invitation to submit an offer. The contract is concluded when the order form duly completed by the orderer has been confirmed by the ART-DOMINO® Gallery by e-mail. The content of my order confirmation is binding. For the scope of the delivery, the written order confirmation is authoritative. The customer receives from the supplier a separate confirmation of the delivery start.
Obvious errors, writing. Printing and calculation errors are not binding for me. However, should the site of theART-DOMINO® Gallery nevertheless show any non-obvious errors such as typing or miscalculation at any time, I reserve the right to charge the correct price later. In this case, I grant the purchaser an immediate right of withdrawal if he does not agree with the new price, as far as the delivered goods are not an item manufactured on special request of the purchaser. The rights of the customer under the Distance Selling Act remain unaffected.
Invoicing to the customer is preferably by email. The invoice is provided to the customer in an easily printable form.

Delivery Times
Delivery times are not binding, but should inform you about the scheduled time of delivery. The delivery period begins after receipt of payment on my account.
The delivery period may be extended by the time until the buyer has handed over all information and documents necessary for the execution of the order.
Delays in delivery caused by statutory or official orders (eg import and export restrictions) and which are beyond my control extend the delivery deadline according to the duration of such obstacles. I will inform the buyer immediately about the beginning and the end in important cases. The orders are processed chronologically after receipt of order. Any particular dispatch or delivery dates requested verbally or in writing are only valid if they have been confirmed in writing by ART-DOMINO® Gallery.

Prices are in Euro / € excluding packaging and postage from the business address of the ART-DOMINO® Gallery. Other prices (discounts / discounts) must be explicitly stated. All payments (especially the purchase price) are to be paid immediately. For buyers from EU countries, the prices indicated are final. They contain the applicable statutory taxes, in particular the statutory value added tax in the amount of the respective valid percentage. Decisive is the delivery address. For customers outside the EU, all prices quoted are net prices. Decisive is the delivery address. If, in accordance with the statutory provisions, VAT is payable in the recipient country, it must be paid in addition upon receipt of the goods. In addition, import duties may apply, which the buyer must additionally pay upon receipt of the goods. If bank charges are due for deliveries abroad, these are to be borne by the buyer. The prices for shipping costs depend on the value of goods and the destination and are displayed during the order process. The delivery conditions in Germany amount to 4,95 € up to a value of 100, - € and free of charge from a value of goods over 100, -. Any additional costs for deliveries abroad are shown separately in the individual case on the invoice. Delivered by a shipping service provider to be selected by the ART-DOMINO® Gallery.

Retention of title
The delivered goods remain the property of the ART-DOMINO® Gallery until the fulfillment of all claims that the ART-DOMINO® Gallery has against the buyer. In the case of a permanent business relationship, the retention of title applies to all deliveries until the balance of the current account has been cleared.

Warranty / Complaint
Insofar as there is a defect in the subject matter of the contract for which the seller is responsible, the seller shall be entitled and obligated to remedy the defect under exclusion of the purchaser's rights, unless the seller is entitled to refuse subsequent delivery due to the statutory provision is entitled. The buyer has to grant the ART-DOMINO® Gallery a reasonable period for supplementary performance.
Particularly excluded from this are slight color deviations, which are due to the different screen and color representation on the computer monitor of the purchaser and in no case can lead to a complaint.
The supplementary performance may be at the discretion of the purchaser by removal of the defect or by delivery of a new contractual object. If the supplementary performance has failed, the buyer may, at his discretion, demand a reduction of the purchase price (reduction) or declare the withdrawal from the contract.

The Buyer can only claim for damages under the following conditions due to the defect if the subsequent fulfillment has failed. The right of the buyer to assert further claims for damages under the following conditions remains unaffected.

The ART-DOMINO® Gallery is fully liable for the statutory provisions for damage to life, limb and health, which are based on a negligent or intentional breach of duty of the seller, as well as for damages that are covered by the liability under the Product Liability Act, as well as for all Damage due to intentional or grossly negligent breach of contract and malice of the seller, his legal representatives and his vicarious agents. Insofar as the ART-DOMINO® Gallery has given a quality or durability guarantee regarding the contractual item or parts thereof, it is also liable under this guarantee. However, for damages based on lack of guaranteed quality or durability, but not directly on the subject of the contract, the seller is only liable if the risk of such damage is evidently covered by the guarantee of quality or durability.

The ART-DOMINO® Gallery is also liable for the damages caused by simple negligence, insofar as this negligence relates to the breach of essential contractual obligations or a cardinal obligation.

Further liability of the ART-DOMINO® Gallery is excluded regardless of the legal nature of the asserted claim. This also applies in particular to tort claims or claims for reimbursement of futile expenses instead of performance. Insofar as the liability of the seller is limited or excluded, this also applies to the personal liability of employees, employees, employees, representatives and vicarious agents.
We assume no liability for defects and damages that have arisen from improper or improper use, non-observance of instructions for use or incorrect or negligent treatment.

Obvious defects must be reported in writing immediately, but not later than ten working days after receipt of the delivery; otherwise all claims for defects are excluded.

The ordered services are to be paid in full immediately upon receipt of the invoice. Before receiving the full payment, there is no obligation for the ART-DOMINO® Gallery to hand over the ordered items to you. In any case, the user remains obliged to pay the agreed amounts for the ordered items. The ART-DOMINO® Gallery reserves the right to cancel orders not paid on time and to invoice the customer for any associated costs.
Only the methods of payment offered on the website are accepted.

Use of the website
The website is available to the customer only for their own non-commercial use. The website is to be used exclusively in a legally permissible manner and in accordance with the contract, in particular in compliance with these General Terms and Conditions.

In particular, the following applies:

  1. The customer must be at least 16 years old and legally competent.
    However, if the customer has not yet reached the age of 16, but is already capable of limited business, the authorization of the legal guardian is necessary. The legal transaction is suspended until it is approved by the ART-DOMINO® Gallery.
  2. You represent that any information you provide about yourself will be true.
  3. The Website may not be used for speculative purposes, or for false or fraudulent orders.

Blocking of access
The ART-DOMINO® Gallery is entitled to terminate this Agreement for good cause at any time, in particular in the case of a material breach of clause 11, and to block access to the Website and / or the Online Services.

Force majeure
The ART-DOMINO® Gallery is not liable under this contract for the consequences of force majeure. These include u.a. Orders of authorities, wars, civil unrest, terrorist attacks, fires, floods, power outages, accidents, storms, strikes, lockouts or other industrial action affecting the services of the ART-DOMINO® Gallery or its suppliers.

Links to other websites
This website may contain additional hyperlinks that lead to websites of third party providers. The ART-DOMINO® Gallery has no influence on their design and content and therefore does not guarantee the accuracy, timeliness, completeness and quality of the information provided there. The ART-DOMINO® gallery expressly dissociates itself from all contents of these external websites. Please direct any concerns that you may have in connection with such website to the operator of that page.

The customer agrees to the use of his personal data by the ART-DOMINO® Gallery as set forth in the Privacy Policy.
The ART-DOMINO® Gallery uses security technology to protect the user's personal information and financial settlement.

Changes to the Terms and Conditions
The ART-DOMINO® Gallery reserves the right to change or renew these Terms and Conditions for the future at any time without the obligation to notify the customer. The latest version of the General Terms and Conditions will be available on the website from the date of their validity.

These General Terms and Conditions, as well as the other terms referred to above, contain in their entirety all agreements between you and the ART-DOMINO® Gallery and supersede all prior agreements, warranties or representations, whether oral, electronic or written.

Severability clause
Should any of the above provisions be or become invalid, this ineffectiveness will not affect the remaining provisions. The ineffective provision shall be replaced by a provision that comes closest to the economic purpose of the provision to be replaced.

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